Parliamentary Allowances Amendment Regulations 2008

Parliamentary Allowances Amendment Regulations 2008

S.R. No. 36/2008

table of provisions

RegulationPage

1Objective

2Authorising provision

3Travelling allowance for an overnight stay within a Member's electorate

4Regulation 15 substituted and new regulation 15A inserted

15Electorate allowance

15ASingle indexed electorate allowance

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statutory rules 2008

S.R. No. 36/2008

Parliamentary Salaries and Superannuation Act 1968

Parliamentary Allowances Amendment Regulations 2008

S.R. No. 36/2008

Parliamentary Allowances Amendment Regulations 2008

The Governor in Council makes the following Regulations:

Dated: 13 May 2008

Responsible Minister:

JOHN BRUMBY

Premier

Ryan Heath

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Parliamentary Allowances Regulations 2003—

(a)to link rates of payment for overnight travel within a member's electorate to the relevant rate payable to a member of the Commonwealth Parliament; and

(b)to amend the distance for eligibility for the overnight stay allowance; and

(c)increase electorate allowances and provide for CPI indexing.

2Authorising provision

These Regulations are made under section 8 of the Parliamentary Salaries and Superannuation Act 1968.

3Travelling allowance for an overnight stay within a Member's electorate

r. 3

(1)In regulation 14(1) of the Parliamentary Allowances Regulations 2003[1]—

(a)for "an allowance at Rate B" substitute
"a travelling allowance";

(b)in paragraph (b), for "150" substitute "80".

(2)After regulation 14(2) of the Parliamentary Allowances Regulations 2003 insert—

"(3)A travelling allowance under subregulation (1) is equal to the value of the accommodation expenses actually incurred by the member not exceeding the amount of the allowance payable to a member of the Parliamentof the Commonwealth for an overnight stay in the relevant city that is determined from time to time by the Remuneration Tribunal under section7(1) of the Remuneration Tribunal Act 1973 of the Commonwealth.".

4Regulation 15 substituted and new regulation 15A inserted

For regulation 15 of the Parliamentary Allowances Regulations 2003 substitute—

"15 Electorate allowance

(1)Subject to regulation 15A and subregulation (2), a member is entitled to an electorate allowance of whichever is the higher of—

(a)the following rate—

(i)$28906 per annum for an electorate described in Schedule1; or

(ii)$31610 per annum for an electorate described in Schedule2; or

(iii)$38730 per annum for an electorate described in Schedule 3, 4 or5; or

(b)in the case of an electorate described in Schedule 1 or Schedule 2, the applicable indexed electorate allowance rateper annum for that electorate.

(2)Subject to regulation 15A, when the indexed electorate allowance rate for an electorate described in Schedule 2 equals or first exceeds $38730 per annum, a member whose electorate is described in Schedule 2 is entitled to an electoral allowance of $38730 per annum.

r. 4

(3)The applicable indexed electorate allowance rate is to be calculated in accordance with the following formula—

where—

Ais—

(a)for the financial year commencing 1July 2009—

(i)for an electorate described in Schedule1, $28906;

(ii)for an electorate described in Schedule2, $31610;

(b)for each subsequent financial year, the amount of the applicable indexed electorate allowance rate for the previous financial year;

Bis the consumer price index number for the December quarter, being the December quarter of the previous financial year;

Cis the consumer price index number for the December quarter, being the December quarter of the financial year preceding the previous financial year.

(4) Anindexed electorate allowance rate is to be rounded up or down to the nearest $10 (and, if the amount by which the amount is to be rounded is $5, is to be rounded up).

(5)In this regulation and regulation 15A—

Australian Statistician has the same meaning as it has in the Australian Bureau of Statistics Act 1975 of the Commonwealth;

CPI means the All Groups Consumer Price Index number (for Melbourne) published by the Australian Statistician;

indexed electorate allowance rate means the ratecalculated in accordance with subregulation (3).

15ASingle indexed electorate allowance

r. 4

(1)This regulation applies on and from 1 July in the year in which the indexed electorate allowance rate under regulation 15 for an electorate described in Schedule 1 equals or first exceeds $38730 per annum.

(2)Despite regulation 15, irrespective of the Schedule in whicha member's electorate is described, a member is entitled to an electorate allowance per annum at the rate calculated in accordance with subregulation(3).

(3)The electorate allowance rate is to be calculated in accordance with the following formula—

where—

Ais—

(a)for the financial year commencing in the year in which this regulation first applies, $38730;

(b)for each subsequent financial year, the amount of the electorate allowance rate for the previous financial year;

Bis the consumer price index number for the December quarter, being the December quarter of the previous financial year;

Cis the consumer price index number for the December quarter, being the December quarter of the financial year preceding the previous financial year.

r. 4

(4)An electorate allowance rate is to be rounded up or down to the nearest $10 (and, if the amount by which the amount is to be rounded is $5, is to be rounded up).".

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S.R. No. 36/2008

Parliamentary Allowances Amendment Regulations 2008

ENDNOTES

Endnotes

[1] Reg. 3: S.R. No. 12/2003 as amended by S.R. Nos 24/2005 and 155/2006.